About

These terms and conditions apply to the entire contents of the website under the domain name www.lighthousefm.com.au (‘Website’).  Please read these terms and conditions (‘Terms’) carefully as they are the terms and conditions for users (“you”, “your”) use of the Website.  By using, browsing and/or reading the Website, this signifies you have read, understood and agree, without limitation or qualification, to be bound by these Terms and to comply with all applicable laws and regulations.  If you do not agree with the Terms, you must cease usage of the Website immediately.

The Website is operated by Lighthouse Funds Management Pty Ltd ACN 611 913 547, holder of Australian financial services licence number 489340 (“Lighthouse”, “we”, “us” or “our”).  Lighthouse is in the business of promoting wholesale managed funds.

These Terms apply to all users of the Website, including actual or potential investors in our funds.

The contents of this Website are current at the time of publication and may be amended or revoked by Lighthouse at any time.

Lighthouse reserves the right to review and change any of the Terms by updating this page at its sole discretion and without prior notice.  Any changes to the Terms take immediate effect from the date of their publication.  Before you continue, we recommend you keep a copy of the Terms for your records.  Any subsequent access to or use by you of this Website constitutes acceptance of any variation to the Terms.

Your access to the Website is subject to our Privacy Policy, and any notices and disclaimers (and any other relevant content) published on the Website. If you use any of the services identified on the Website for which additional terms and conditions are referred to, by accessing or otherwise using those services you agree to be bound by and comply with those relevant terms and conditions.

Use of the Website

You agree that you will not (either yourself or through a third party)—

1. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (‘Automated Process’) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission
2. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website
3. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website
4. copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website without our prior written permission
5. post or otherwise distribute on or through the Website any defamatory, obscene, harassing, threatening or other unlawful material or information, or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion, or any information that is confidential to a third party without their permission, or
6. use the Website for any other unlawful purpose or activity.

Copyright and intellectual property

The material on the Website is protected by copyright under the laws of Australia and through international treaties.  Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Lighthouse or its contributors.

All trademarks, service marks and trade names are owned, registered or licensed by Lighthouse, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to—

1. use the Website pursuant to the Terms
2. copy and store the Website and the material contained in the Website, and
3. print pages from the Website for your own personal and non-commercial use.

Lighthouse does not grant you any other rights whatsoever in relation to the Website.  All other rights are expressly reserved by Lighthouse.

Lighthouse retains all rights, title and interest in and to the Website.  Nothing you do on or in relation to the Website will transfer to you or any other person any—

1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright
2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Lighthouse and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website for any purpose, unless otherwise provided by these Terms, or where the material is freely available for re-use or is in the public domain.

Privacy

Lighthouse takes your privacy seriously and any information provided through your use of the Website is subject to Lighthouse’s Privacy Policy, which is available at www.lighthousefm.com.au.

Lighthouse may collect users’ information when you visit the Website though “cookie” technology. Cookies are small text files that are stored in your computer’s memory and hard drive when you visit certain web pages. Cookies are used to enable websites to function or to provide information to the owners of a website. We may use “cookies” to help us tailor our Website to better suit your needs and improve our service. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website.

We use cookies on this website for the following purposes:

1. Analytical purposes—Analytical cookies allow us to recognise, measure and track visitors to the website. This helps us to improve and develop the way the website works, for example, by determining whether site visitors can find information easily, or by identifying the aspects of the site that are of the most interest to them.
2. Usage preferences—Some of the cookies on the website are activated when visitors to our sites make a choice about their usage of the site. Our website then ‘remembers’ the settings preferences of the user concerned. This allows us to tailor aspects of the site to the individual user.
3. Terms and conditions—We use cookies on the website to record when a site visitor has seen a policy, such as this one, or provided consent, such as consent to the terms and conditions on our website. This helps to improve the user’s experience of the site – for example, it avoids a user from repeatedly being asked to consent to the same terms.
4. Session management—The software that runs the website uses cookies for technical purposes needed by the internal workings of our servers. For instance, we use cookies to distribute requests among multiple servers, authenticate users and determine what features of the site they can access, verify the origin of requests, keep track of information about a user’s session and determine which options or pages to display in order for the site to function.
5. Functional purposes—Functional purpose cookies store information that is needed by our applications to process and operate. For example, where transactions or requests within an application involve multiple workflow stages, cookies are used to store the information from each stage temporarily, in order to facilitate completion of the overall transaction or request.

General disclaimer

Use of the Website is at your own risk.  Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Lighthouse make any express or implied representation or warranty about any products or services (including the products or services of Lighthouse) referred to on the Website.  This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
2. The accuracy, suitability or currency of any information on the Website (including third party material and advertisements on the Website).
3. Costs incurred as a result of your use of the Website.
4. The services or operation in respect to links which are provided for your convenience.
5. The performance of the investment opportunities made available on the Website, including the funds promoted or managed by Lighthouse.

The Website may contain information related to the past performance of the funds promoted or managed by Lighthouse.  Any information provided in relation to past performance is for illustrative purposes only and should not be regarded as an indicator of the future performance of any investment referred to on the Website. 

Neither Lighthouse nor any of its related parties or their respective officers, employees or agents provide legal, financial, financial planning, tax, or personal investment advice regarding the suitability, or appropriateness of any of our services or the return which may be received from using our services. 

To the extent that any information or statements contained on the Website constitutes advice, it is general in nature only.  Lighthouse is only authorised to provide general financial product advice in respect of interests in funds to wholesale clients within the meaning provided in Chapter 7 of the Corporations Act 2001, and we do not take into account your personal financial situation or your personal investment objectives, strategies or needs. You should consider whether any general advice given is appropriate in the light of your objectives, financial situation or needs before deciding to invest or making any other decision. 

Information on this Website is not an offer to invest in any investment, securities, schemes or other financial products or services offered by Lighthouse or its related parties. Prospective investors should obtain a copy of and consider the information memorandum(s) for any funds before making any decision.

Lighthouse reserves the right to exclude and deny any person’s access to the Website at any time in our sole discretion.

Indemnity

You agree to indemnify and hold Lighthouse and our related companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any of your fraudulent acts or omissions.

Without prejudice to paragraph 6.1, you also agree to indemnify and hold Lighthouse and our related companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any falsehood or inaccuracy contained in any information you provide to us, except where it is Lighthouse’s fault that they have done so.

Limitation of liability

To the extent permitted by law—

1. we do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website, and we are not liable if interference with or damage to your computer or other technological systems occurs in connection with your use of the Website
2. any condition, warranty or guarantee which would otherwise be implied by these Terms is hereby excluded, and
3. our liability to you for breach of a condition, warranty or guarantee implied by such legislation shall be limited, at our sole discretion, to the payment of the cost of having the services supplied again.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which applies to these Terms under the Competition and Consumer Act 2010 (Cth) or any similar State legislation and which cannot be excluded, restricted or modified.

Assignment

You may not assign any part of these Terms without our written consent, but we may assign these Terms to any associated companies or affiliates without notice to you.

Disputes

By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms and the use of the Website.  Please notify us in writing or email of any dispute you may have. You can reach us via email at Admin@lighthousefm.com.au

Links to third party websites

The Website may provide links to access various other websites on the internet (‘Third Party Websites’) as a convenience to users.  The inclusion of Third Party Websites does not imply any association with the operators of any Third Party Websites. However, even if Lighthouse is affiliated with such third parties, Lighthouse has no control over the contents of any linked sites.

We do not endorse, warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites.   Viewing such Third Party Websites is entirely at your own risk and we recommending reviewing their website terms of use and privacy policy before browsing and providing any personal information. 

Governing Law

The Terms are governed by the laws of New South Wales, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created under or by them shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. 

Lighthouse does not make any representation that any transactions, products or services mentioned on this Website are available or appropriate for sale or use in all jurisdictions or by all investors. You therefore access this Website at your own initiative and you are responsible for compliance with the local laws or regulations that apply to you in the jurisdiction in which you are located.  You will not use the Website for any purpose that is unlawful or prohibited by these Terms or any applicable laws that apply to you.

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, then that part shall be severed and the rest of the Terms shall remain in force.